What is the test for excluding defense evidence at trial?

California, United States of America

The following excerpt is from People v. Salazar, B235685 (Cal. App. 2013):

"The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) Typically, the application of Evidence Code section 352 to defense evidence does not infringe on a defendant's constitutional rights. (People v. Cunningham (2001) 25 Cal.4th 926, 998.) But the statute "must yield to a defendant's due process right to a fair trial and . . . to present all

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